A year in jail for Saint John man whose dogs attacked 4 people
CBC
A 60-year-old Saint John man has been sentenced to 12 months in jail after his dogs attacked several people on the lower west side.
Michael Edmond Kirby was found guilty last summer of four counts of criminal negligence causing bodily harm. The charges date back to three days between August and December of 2018, when his dogs attacked four people, including a 14-year-old boy.
On Thursday, the Crown argued Kirby should get between 18 and 24 months of jail time, while the defence argued he should be given a conditional release and probation.
Court of King's Bench Justice Arthur Doyle read out his sentence Friday in Saint John.
"In light of the circumstances of this sad case, it's my duty to impose a sentence that reflects the gravity of the offences Mr. Kirby committed," Doyle said.
Factors in Kirby's favour included that he was a first-time offender and he showed sympathy to the victims and remorse for his actions.
"He's accepted responsibility for his actions and indicated that he is willing to abide by any conditions," Doyle said.
An aggravating factor was that there were multiple attacks.
Doyle said many people are familiar with the saying "Every dog is entitled to one bite before their owner can be held responsible."
"Mr. Kirby's dogs had their one bite and Mr. Kirby knew it," Doyle said.
The first attack happened because Kirby "deliberately" left the dogs off leash, Doyle said. The second happened after one of the dogs got loose while tied outside Tim Horton's, and the third and fourth happened after the dogs escaped his home when he wasn't there.
Because of the repeated attacks over the four months, Doyle said he did not believe a conditional release is the right choice.
"I also have no confidence that service of the sentence in the community would not endanger the community," he said.
Kirby has not been in custody for the last four and a half years as he went through the court process. After the sentencing Friday, a court sheriff handcuffed him and lead him to the holding cells.
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